34 Ind. 82
Decided November 15, 1870
Indiana Supreme Court · decided 1870-11-15
<p>Practice.—Interrogatories.—The answers made by a party under oath to interrogatories propounded by the opposite party, as provided by section 303 of the code (2 G. & PI. 189), cannot be used by the court on a motion to strike out a pleading as a sham which is good on its face. Such answers can be used only on the trial, and then only at the option of the party who has required them.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1870-11-15
Cited by 4 later decisions — most recently May 1944
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1ON PETITION FOR A REHEARING.
¶2The only question of any importance decided in this case is, that answers to interrogatories cannot tie used by the court on a motion to strike out an answer as a sham, which is good on its face. The answers can only be used on the trial. 2 G. & H. 189. sec. 303. Since deciding this case we have again had this question before us, and have reaffirmed the same doctrine, and are satisfied with it.
¶3The petition is overruled.